Railroads are one of the main ways people get to and from Long Island. In fact, nearly 90 million people rode the Long Island Rail Road (LIRR) in 2018. Almost 40 million of those riders weren’t commuting to or from work.
Even though the LIRR does its best to make trips safe for so many LIRR riders, accidents can and do happen. Railroad accidents often result in serious, and sometimes fatal, injuries that can require extensive medical treatment. Passengers aren’t the only ones at risk. People who work on the railroads can also be injured in these types of accidents.
If you are injured in an accident on LIRR, a Long Island railroad accident lawyer from TonaLaw can help. Our highly-qualified attorneys have helped thousands of people recover compensation after they were injured.
Speaking with one of our lawyers is always free. In addition, if we decide to take on your case, you don’t owe us anything unless we win. Give us a call at 1-833-TONALAW or contact us online for a free, no-obligation case evaluation today.
Common Injuries from Railroad Accidents
It’s uncommon for a train to derail and cause injuries. Instead, injuries happen to passengers for other reasons, including:
- Falling into the tracks
- Being electrocuted
- Slipping and falling on the train or at the station
- Being assaulted
- Being hit by a train
And many more.
If a passenger is injured through no fault of their own, they may be able to seek compensation from the Metropolitan Transportation Authority (since LIRR is a part of the MTA), and/or any individual who caused their injuries. However, in order to seek compensation, you must prove that the MTA/LIRR or the employee who caused you harm acted willfully or, much more commonly, with negligence.
Proving Negligence After a Long Island Railroad Accident
In virtually every instance of injury caused by LIRR, negligence is involved. In legal terms, a party is negligent when they act in a way that a “reasonably prudent person” wouldn’t, and they, therefore, cause injury. In order to prove negligence, you must show that:
- There was a duty of care established: LIRR, MTA and their employees have a duty of care to take reasonable steps to ensure the safety of their passengers. This means operating the train at safe speeds, keeping stations and trains free of hazards, and more.
- That duty of care wasn’t upheld: If LIRR or MTA doesn’t take reasonable steps to protect their passengers, they are said to have breached their duty. For instance, if snow isn’t cleared from the station steps in Long Island, and a passenger slips and is injured, then the duty of care has been breached.
- You were injured because of the breach of duty of care: Just because the duty of care was breached, doesn’t mean negligence is proven. You must show that you were injured directly because of the breach. For example, if you are standing in the tracks and get hit by the train, LIRR probably can’t be held accountable, since your own actions caused the injuries.
- There are real compensable damages: This is typically easy to prove. If you have medical expenses, lost wages, or other negative outcomes, you can show real compensable damages.
If you believe your injury meets these criteria, it’s important to speak to an experienced Long Island railroad lawyer as soon as possible. Your claim with the MTA must be made within 90 days of your injury.
Injuries to LIRR Employees
It’s not just passengers who can be injured. Employees who work on the rails or the trains can also get injured. Some of the most common injuries Long Island Rail Road employees suffer include:
- Broken bones
- Brain injuries
- Spinal cord injuries
- Repetitive motion injuries
- Chemical exposure-related injuries, such as lung cancer, from exposure to welding fumes, chemical solvents, and Benzene
- Asbestos exposure-related injuries, such as mesothelioma and asbestosis
Railroad employees are covered by the Federal Employer’s Liability Act, which was enacted in 1908. Under this act, employees are covered for virtually all injuries they may sustain, so long the worker can prove their work on the railroad contributed to their injury. This means workers must be able to prove that LIRR/MTA, a coworker, a faulty piece of equipment or another agent at work contributed to the injury.
Because these types of claims can become extremely complicated, it’s important to speak with a railroad lawyer in Long Island to help you build your case.
Speak with a Long Island Railroad Injury Attorney Today
If you have been injured as either a passenger or a worker of LIRR, you have legal rights. At TonaLaw, we can help you get the compensation you deserve. We always offer free case evaluations, during which we will evaluate the strength of your case and any settlement offer you may have received.
Our attorneys will determine how much compensation you may be entitled to, including compensation for:
- Medical bills
- Lost wages
- Pain and suffering
- Funeral costs
- Property damage
- Mental anguish
- And more
Give us a call at 1-833-TONALAW or contact us online for a free, no-obligation case evaluation today.